Texas 2011 - 82nd Regular

Texas Senate Bill SB238

Filed
11/23/10  
Out of Senate Committee
3/17/11  
Introduced
11/23/10  
Voted on by Senate
3/31/11  
Refer
1/31/11  
Out of House Committee
5/10/11  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the regulation by a property owners' association of the installation of solar energy devices on property.

Impact

The bill intends to enhance homeowners' rights regarding the installation of solar panels and other solar energy devices. Specifically, it establishes that associations cannot enforce provisions that limit the installation of these devices, thus potentially increasing the adoption of solar energy within residential areas. However, there are exceptions where associations can maintain certain controls, particularly when safety and property aesthetics are at stake.

Summary

SB238 addresses the regulation of solar energy devices by property owners' associations in Texas. The bill amends Chapter 202 of the Property Code, specifically adding Section 202.010, which limits the ability of property owners' associations to prohibit or restrict the installation of solar energy devices. This regulation aims to promote the use of renewable energy sources among property owners while ensuring that any restrictions imposed are reasonable and specified within the governing documents of the association.

Contention

While the bill is primarily aimed at empowering homeowners, notable points of contention include the balance between community regulations and individual rights. Proponents argue that the bill fosters renewable energy adoption and aligns with modern trends towards sustainable living. Opponents, however, may express concerns over how the bill might clash with existing property aesthetics and safety regulations, fearing that allowing unrestricted solar installations could lead to adverse community impacts.

Companion Bills

TX HB450

Similar Relating to the regulation of solar energy devices by a property owners' association.

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